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Alcohol / Drug Testing

A police officer will conduct a chemical test when they suspect you are driving under the influence of alcohol or drugs. The test conducted will depend on the substance law enforcement believe you are under the influence of.

A breath test will likely be conducted when you are suspected of being under the influence of alcohol while a blood test will be utilized for an OVI with drugs. You should contact legal representation right away if you have been arrested or charged with OVI in central Ohio. 

Columbus, OH OVI Defense Attorney

Exercise your right to legal counsel and contact Joslyn Law Firm. We will listen to your story and formulate a defense plan in your best interest. Call to schedule a confidential consultation.

Joslyn Law Firm represents clients in central Ohio counties including Pickaway County, Fairfield County, Licking County and more.

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Breath Test for Alcohol

Law enforcement will conduct a breath test when they suspect a driver is driving under the influence of alcohol. The Ohio Department of Health currently approves of various breathalyzer machines such as the BAC Datamaster, the Intoxilyzer 5000 and the Intoxilyzer 8000.

Breath test machines are quite intricate. The machine works by providing a breath sample, which is passed through infrared light. Alcohol molecules will absorb the infrared energy, and the machine will measure the amount of energy absorbed. The machine will then calculate the concentration of alcohol in the sample based on the amount absorbed.

Ohio penalizes OVI based on the score of the breath test. These tests can be either high or low. The higher the test, the more severe the penalties. An OVI high test is a BAC between .08% and .17% while a high test is .17% or higher.

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DUI Blood Test for Drugs

Drugs cannot be detected by a breath test, so law enforcement utilize blood tests to determine how much of a drug is in a driver’s system. Because of the invasive nature of a blood test, law enforcement is required to have a warrant before they can collect a sample.

However, Ohio is an implied consent state, which means every driver on the Ohio roads has implicitly consented to chemical testing. You have the right to refuse this test, and you should. Implied consent is discussed in further detail in the section below.

Various guidelines must be followed when a blood sample is drawn. If these guidelines are not followed, the blood sample may be thrown out. For one, a blood test must be conducted in one of two locations: a crime lab or a health care facility. Other regulations include how the sample is handled, maintained and how the sample is collected.

An OVI with drugs is charged the same as if the crime was committed while under the influence of alcohol. The level of drugs found in your system determines the extent of the penalties.

Listed in the chart below are the high levels for an OVI blood test. Anything below the posted levels is considered a low test.

Drug Concentration
Marijuana 2 ng or higher
Cocaine 50 ng or higher
Methamphetamine 100 ng or higher
Heroin 50 ng or higher
Amphetamine 100 ng or higher
LSD 10 ng or higher

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What is Implied Consent?

Ohio is an implied consent state. By accepting an Ohio driver’s license, you agree to chemical testing from law enforcement. As mentioned earlier, you have the right to refuse a chemical test, and it’s advised you do. Prosecutors will lack concrete evidence needed to convict you of OVI if you refuse to submit a sample.

It should be noted refusing a chemical test will result in an automatic license suspension. The length of the suspension will depend on previous refusals. A license suspension is almost guaranteed when you are charged with an OVI, so your license will be suspended regardless if you refuse a chemical test.

Joslyn Law Firm understands how a suspended license will impact your life, but we will fight for you to have limited driving privileges. Limited driving privileges will modify a suspension order allowing you to drive to certain locations for specific purposes.

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Additional Resources for Alcohol / Drug Testing

OVI | Ohio Revised Code – Follow the link provided to learn more about OVI. You can find out what the state considers to be under the influence, how the offense is punished and how juveniles are charged for the crime. The statute can be read on the Ohio Laws and Rules website.

Implied Consent | Ohio Revised Code – Visit the Ohio Laws and Rules website to learn more about implied consent. You can read the precise legal definition of the law and the length of suspension based on previous refusals.

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Columbus, OH OVI Defense Lawyer

Let us put our OVI defense experience to work for you. Call to schedule a confidential consultation. Joslyn Law Firm defends those accused of OVI and related crimes in counties across central Ohio such as Franklin County, Delaware County, Union County and Madison County.

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